In a significant development, the Orissa High Court has ruled that retirement from service does not give immunity to an official from contempt proceedings for willful disobedience of a court order. The court’s ruling came while hearing a contempt petition against former DGP YB Khurania, who retired from service on August 16 this month.
The court has asked the ex-DGP to face proceedings over non-compliance with an order concerning the reinstatement of a police Sub-Inspector (SI).
While hearing the SI Sagarika Parida’s contempt petition on August 24, the single-judge bench of Justice Sanjay Kumar Mishra issued a show-cause notice to Khurania, asking why he should not be tried and punished for contempt of court.
“Even if the contemnor has been superannuated in the meantime, still the contempt proceeding would lie against him,” Justice Mishra ruled.
The court also clarified that pendency of a special leave petition (SLP) before the Supreme Court cannot stall contempt proceedings in the absence of an interim stay.
Sagarika Parida had been appointed as a sub-inspector in 2017 but was discharged from service on November 12, 2020, for allegedly suppressing information about criminal cases during pre-appointment verification.
The high court had quashed the discharge order in September 2025, as the three cases cited by the state had already ended in her acquittal, and ordered Parida’s reinstatement with consequential benefits, subsequently upheld by a division bench on June 22, 2026. The court had also directed that the period of her discharge be treated as “on duty” and the financial benefits calculated and released.
But the state govt failed to comply with the court’s order, following which Parida filed the contempt petition on January 12 this year, naming Khurania as the sole contemnor.
The state govt, instead of filing the promised compliance affidavit, sought a halt to the contempt proceedings on the ground that an SLP had been filed in the Supreme Court against the HC judgment.
The HC, however, rejected it, saying Khurania had repeatedly sought time for compliance without clearly stating that the state govt really intended to challenge the original order, finding it a prima facie case of willful disobedience of its order.
The IG (personnel) has been directed to serve the show-cause notice on Khurania and report compliance within seven days. He has also been asked to remain present before the court on September 28, the next date of hearing, along with the current DGP in-charge.
Get Latest Updates